• Mark Ryan

Corps Denies Pebble Mine 404 Application

Updated: Nov 27, 2020

Follow the bouncing ball. First, EPA 404(c)'d the permit under the Obama Administration. Then the new Trump EPA rescinded it. Now the Corps has denied it. I suspect the Pebble Mine folks are feeling a little whiplash right now. The Corps denied on the grounds that "The district engineer has determined that issuance of a permit for the proposed project described in your June 8, 2020 application would not comply with the 404(b)(1) Guidelines and would be contrary to the public interest." I have attached below a copy of the Corps' denial letter.

It will be interesting to see if Pebble appeals. The company has been pretty litigious until now, and they've invested millions in the project. There's a good chance they'll appeal. The appeal will likely see a big fight over the administrative record. Donald Trump Jr. famously came out opposing the mine in the 11th hour, which will likely lead to a lot of FOIA's to the Corps over communications with the White House, and then arguments over what should be in the administrative record. I'm sure there will be more blogs on this in the future. I doubt this one is going away.

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